Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28581 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- BIKRAM District- Patna ====================================================== PRASHANT KUMAR S/O ANIL SINGH R/O Mohalla- Patel Nagar, P.SShashtri Nagar, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Kamal Deo Sharma, Adv For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 06.02.2023 in connection with Bikram P.S. Case No. 57/2023, F.I.R. dated 03.02.2023, for the offences punishable under Sections 364(A), 386 and 34 of the IPC.

According to prosecution case, six unknown persons claimed to be the officers of Excise Department came and took away the informant's uncle by Scorpio and thereafter demanded Rs. 80,000/- for releasing his uncle.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner has no concern at all with the alleged occurrence and

Patna High Court CR. MISC. No.28581 of 2023(2) dt.24-05-2023 2/3 in fact the petitioner is driver of the vehicle in question and he has no role in the present case. He further submits that the coaccused, namely, Sujeet Kumar has been granted bail by a coordinate Bench of this Court vide order dated 23.05.2023 passed in Cr. Misc. No. 23896/2023, another co-accused, namely, Manikant Bihari Shubham has been granted bail vide order dated 23.05.2023, passed in Cr. Misc. No.22498/2023 and another co-accused, namely, Tarun Kumar has been granted bail vide order dated 18.05.2023 passed in Cr. Misc. No. 24175/2023 and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 06.02.2023.

Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- VI, Danapur, Patna in connection with Bikram P.S. Case No.57/2023, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.28581 of 2023(2) dt.24-05-2023 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T